I-485 DENIED, where do we restart?

[sarahmariscal]

Should we re-start by just resubmitting the I-485? Do we need to re-submit the (approved) I-130 too?

My husband was denied the Green Card because we left the States while processing. We have moved back to Spain and will re-submit when he returns to the States on a J-1 visitor's visa in August. Is this the best way to go about it?

[ravi_niu]

I-485 DENIED, where do we restart?

You can also do a counselor processing for GC from the consulate in Spain as spouse of US citizen.
This he may get the GC while waiting.
Since I am not very sure if he would get the J1 visa. Since an immigration petition was already filed.
Check with an attorney though.

[rayb]

The last poster was probably referring to a "Direct Consulate Filing," DCF, through the U.S. Embassy in Spain. DCF filings are only accepted by US Consulate posts on a discretionary basis, and then only if petitioner has legal residency in the country of the consulate station. The end result of such a filing is the same as if you submit the immigrant petition, I-130, directly to USCIS. It does not result in a Green Card issuance, but an IR-1 visa. After arrival in the States and payment of the $165 Green Card fee, the Green Card will be mailed to your U.S. address 1 to 3 months later.

You mentioned a J1 visa and "visitor visa" in the same post. They are not the same. A J1 visa is an exchange training or work visa, and may have a requirement that the user must be outside the U.S. at least two years after the visa expiration. A visitor visa is a "B2" visa, and your spouse might be deneid a visitor visa because it may be presumed that he intended to immigrate to or stay in the U.S., a clear violation of the purpose of a visitor visa. On the other hand, those who enter the U.S. on visitor visas routinely convert those visas to Permanent Resident status after being in the U.S.

--Ray B

You can also do a counselor processing for GC from the consulate in Spain as spouse of US citizen.
This he may get the GC while waiting.
Since I am not very sure if he would get the J1 visa. Since an immigration petition was already filed.
Check with an attorney though.